No. Once a divorce is over, absent a lawyer proving in a New Jersey Family Court a true change of circumstances, a party who voluntarily changes jobs in order to lower their alimony or child support will not be successful. Attorneys understand that these type of motions filed after the divorce is finalized are extremely fact sensitive. However, when the payor of these financial obligations thinks they can “work the system” by such a scheme, the attorneys at our law firm thrive on giving them a rude awakening. This recent case illuminates New Jersey law and how Court’s handle such situations.
Alimony
Cohabitation Results In Less Alimony But Not Termination In New Jersey
As the divorce attorneys at our East Brunswick, New Jersey law firm keep a close eye on all new cases from the New Jersey Supreme Court which analyzes the “new” alimony law in our state, please find this lawyer’s interpretation of a recent case involving alimony and cohabitation. [Read more…] about Cohabitation Results In Less Alimony But Not Termination In New Jersey
Circumstances Where Alimony is Not Awarded in New Jersey
In circumstances where alimony is not awarded in New Jersey, the former spouses can speak with a distinguished spousal support lawyer about rehabilitative alimony. Rehabilitative alimony is when one party has to essentially get back on their feet. It is typically a situation where one party has been a caregiver and the other party has been the breadwinner. [Read more…] about Circumstances Where Alimony is Not Awarded in New Jersey
How Do New Jersey’s New Alimony Laws Affect Cases Where Cohabitation Was Occurring Before The Law Was Changed?
On September 10, 2014, New Jersey alimony laws received a dramatic overhaul. The goal is to “modernize” alimony laws to reflect the many changes in our culture and society. As an attorney who only handles divorce and family law cases, I applaud many of the changes. Specifically regarding how the law shall now affect cases in which the recipient of the alimony payments is living with their new significant others. So what happens if the cohabitation was occurring before the laws were changed? Well, a new decision from the New Jersey Appellate Division examines this precise issue. [Read more…] about How Do New Jersey’s New Alimony Laws Affect Cases Where Cohabitation Was Occurring Before The Law Was Changed?
Do I Get Credit For Alimony Paid During My Divorce?
In New Jersey, no you do not unless your attorney can prove at your divorce trial that you “over paid” during the time that your divorce started until it was finalized (pendente lite). Here is my attorney blog on that case. Otherwise, no you may not receive a credit for alimony or support paid during divorce for future alimony payments that are ordered as part of your Final Judgment of Divorce issued by a New Jersey Family Court.
[Read more…] about Do I Get Credit For Alimony Paid During My Divorce?
How Is Alimony Determined By A New Jersey Court?
Most divorce cases in this state settle. As a member long standing member of the Middlesex County, New Jersey, Assignment Judge’s Family Lawyers Committee, I know this for a fact. However, when alimony is at issue, a trial becomes much more likely. If so, your attorney must address the factors set in New Jersey Statute 2A:34-23(b) when making a determination as to whether alimony should be awarded, and if so, how much. The most important purpose of New Jersey Statute 2A:34-23(b), is to give family law judges broad discretion and authority to order remedies on a case by case basis, which will achieve justice and satisfy the needs of the litigants. To accomplish this a proper alimony award assists the supported spouse to achieve a lifestyle reasonably comparable to the one enjoyed while living with the supporting spouse during the course of the marriage. A family law judge awarding alimony must delicately consider all evidence to ensure the alimony award is fit, reasonable and just to both parties. [Read more…] about How Is Alimony Determined By A New Jersey Court?